Doe v. XYC Corp., 887 A.2d 1156 (N.J. Super. Ct. 2005).
On behalf of her minor daughter, the plaintiff sued her husband's employer after her husband used his work computer to send pictures of the daughter to an Internet pornography site. Granting the employer's motion for summary judgment, the lower court determined the employer did not have a duty to monitor the employee's Internet activities. On appeal, the court reversed and declared the employer had a duty to use reasonable care to prevent the employee from accessing child pornography sites on his work computer. The appellate court noted the employer was on notice the employee was viewing child pornography and the employer had the capability to monitor the employee's activities on his work computer. In addressing potential privacy concerns, the appellate court determined the employee had no legitimate expectation of privacy that would prevent the employer from accessing the computer to determine if he was using it to view adult or child pornography. The court held that if the employer failed to exercise reasonable care - by failing to terminate the employee or by failing to report his activities to law enforcement - the employer could be liable to a third party for resulting harm. The court remanded the case for a summary judgment determination on the issues of causation and harm.